Judge: Salvatore Sirna, Case: 24PSCV01635, Date: 2024-09-19 Tentative Ruling

Case Number: 24PSCV01635    Hearing Date: September 19, 2024    Dept: G

Defendant Garfield Beach CVS, LLC’s Motion to Strike the Improper Breach of Warranty Claims from Plaintiff’s Complaint

Respondent: NO OPPOSITION

TENTATIVE RULING

Defendant Garfield Beach CVS, LLC’s Motion to Strike the Improper Breach of Warranty Claims from Plaintiff’s Complaint is DENIED.

BACKGROUND

This is a premises liability action. In June 2022, Plaintiff Elizabeth Tamayo visited a CVS in San Dimas on premises owned or controlled by Defendants Garfield Beach CVS, LLC (Garfield Beach CVS), D.H. Pace Company, Inc. (D.H. Pace), and Dorothy Yey, trustee of the 1996 Dorothy Yey Louie Family Trust Agreement Dated March 26, 1996 (Yey Louie Trust). As Tamayo entered the store, Tamayo alleges the automatic doors closed on Tamayo and caused severe injury and pain.

On May 21, 2024, Tamayo filed a complaint against Garfield Beach CVS, D.H. Pace, Yey, and Does 1-50, alleging the following causes of action: (1) general negligence, (2) premises liability, and (3) products liability.

On August 13, 2024, Garfield Beach CVS filed the present motion. Prior to filing on August 12, 2024, Garfield Beach CVS’s counsel attempted to meet and confer telephonically with Tamayo’s counsel. (Sowatsky Decl., ¶ 10.)

A hearing on the present motion to strike is set for September 19, 2024, along with a case management conference on October 14, 2024.

ANALYSIS

Garfield Beach CVS moves to strike allegations that Garfield Beach CVS breached implied and express warranties from Tamayo’s third cause of action for products liability. But these allegations do not reference Garfield Beach CVS and instead are alleged against Does 1-50. (Complaint, e.p. 8, ¶ L-6.) Because these allegations are not made against Garfield Beach CVS, the court finds Garfield Beach CVS lacks standing to bring the present motion.

Accordingly, the court DENIES Garfield Beach CVS’s motion.

CONCLUSION

Based on the foregoing, Garfield Beach CVS’s motion to strike is DENIED.